Spiegel & McDiarmid LLP is one of the leading firms in the area of electric reliability, cybersecurity, and North American Electric Reliability Corporation (NERC) compliance.  The lawyers of Spiegel & McDiarmid are well-known and highly respected within the Federal Energy Regulatory Commission (FERC), NERC and the regional reliability entities to which NERC delegates certain responsibilities for compliance with and enforcement of reliability standards.  Our involvement from the earliest stages of drafting the consensus reliability title ultimately enacted in the 2005 Energy Policy Act, and our experience and expertise in FERC and NERC implementation of that provision, give us unparalleled insight into this area.  The trust and credibility we have earned in this process are put to use daily in our client representations.

We represent the Transmission Access Policy Study Group (TAPS)—an association of transmission-dependent utilities in thirty-five states—in all major FERC rulemakings and associated appeals relating to the approval of NERC as the FERC-certified Electric Reliability Organization, NERC’s procedural rules, and its reliability and cybersecurity standards.  On behalf of TAPS, we actively engage in the NERC standard development process.  We also follow and are involved in the multiple legislative initiatives that address the threat of cyber attacks on our electricity infrastructure, a topic that is likely to become more complicated and challenging in the years to come.  We also assisted the American Public Power Association (APPA) and the National Rural Electric Cooperative Association (NRECA) in preparing a White Paper, requested by the NERC Board of Trustees, on Managing Cyber Supply Chain Risk—Best Practices for Small Entities.

As a result of our deep expertise and unmatched reputation in reliability policy, municipal utilities, co-ops, and others that need guidance through the complexities of this unique statutory and regulatory scheme turn to the lawyers of Spiegel & McDiarmid, who have been actively involved in this area since its inception.  We assist our clients in understanding their responsibilities regarding compliance with reliability standards and navigating the NERC enforcement process that we have participated in developing.  We are also well-equipped to help clients design compliance programs, demonstrate compliance with NERC standards, address challenges associated with NERC registration and certification, and maneuver through NERC and regional reliability entity enforcement and settlement processes.